Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-05-12
LOCAL AND PENINSULAR
oLosING DAYS DOKEGs OF THE
DOVER OOURT.
An Important Constitutional Hssuc
Raised on n Question Of ahe Costs
In q ORse Trtcd Onr of the Defend
ANTS County.

Special Correspondence Of Gazette and journal
DOVER, May 5.--Oourt adjourned to-
day.
When court WAS In session yesterday,
Mr.. Fulton made motion to be allowed
costs in the case Of Wood, Brown ~ Hoy
ward vs.. Isaac Short. In the early part
of the term Mr.. Fulton, for his clients,
obtained Judgment against Isaac Short,
citizen of Sussex county. In 1885, the
Legislature passed an act disallow-
ing O plaintiff costs when the
suit was brought ont of the
county of the defendant and the
action not o local one. Mr.. Fulton
made motion that he be allowed costE
notwithstanding the statute and claimed
at length under the provision in the
constitution allowing plaintiff TO bring
suit in any county in the State. In the
morning at the request OF members OF
the bar, Mr.. 6mithers replied to Mr..
Fulton. He read from an old volume of
the Laws of England that previous TO
Edward rs time costs were not allowed,
that in the sixth year OF his reign by the
Statute of Gloster costs were sd. de
held that the statutory law Of England
was separate and apart from the common
law. (This old book from which Mr..
Smitliers read was in Norman -French.)
That the constitution did not prohibit
the Legislature from passing such a
statute. The constitution allowed man
to bring suit in any county, this statute
did not interfere with that right. IL
simply said that be could bring his suit
in any county, but Il he brought It out Of
the county, in which the defendant
resided, he should ] not be al
Ii nkn IT, .our
elaborated upon the statement which he
| made, ''that the Delaware Legislature hsa
| as absolute power as the British parlis-
ment, except where they are expressly
prohibited by the constitution and in
measure restricted by the constitution of
the United States"
At the conclusion of Mr.. Smither's
address MIR. Massey announced that the
act was drawn by himself, but tho act
itself was the work Of his brother Eeau,
/ pointing to Mr.. Ridgely. The court an
nounced that as this was an important
constitutional question it would reserve
its decision and announce it at next term
of court.
Mr.. Fulton asked leave to amend in
| the Lycoming fire insurance cases. Mr..
| Massey obiected to the leave being
granted unless the plaintiffs would ex-
K pressly state the nature of the amend
ment. Mr.. Fulton said he was unable to
| do this, at that time. He said that he
| wanted TO amend the declaration.
Mr.. Massey Nothing but the declara-
ton is to be amended?"
Mr.. Fulton-''No, sir"
Mr.. Ridgely-"Well, let him do it, and
he will amend himself out of court.n
All objection was then withdrawn.
There was considerable Significance at
taehed to Mr.. Massey's question as it was
generally understood around the cou-
that the defendants intended when the
case came up again to throw the defend
ants out of court, if they were able, by
trying to show that the suits wereS1lqt
brought by the proper parties.
Mr.. Smithers presented resolutions
upon the death of Judge Wootten and ON
his motion they were entered upon the
records of the court.
Judges Oomegys and Grubb rephad TO
Mr.. Smithers remarks.
The following license applications we've
granted; Edward X. Smith, Leipsic; J..
| W. Belts, Bowers Beach; Alexander New
man, Harrington; Edward Call, Frederick;
Lucius r. Campbell, Woodland Beach /:
John M. Ford and David +. Burton ne-
Willoughby Slime, Milford w. Fl. ST.
and Roseby J. Boplden, FELTON, MiclN
Riley, Clayton; William j. Rathel, Gam
den and Terance Gavin, Kenton.